Full Text of SB1688 097th General Assembly
SB1688enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Beardstown Regional Flood Prevention District Act. | 6 | | Section 3. Definitions. As used in this Act, the following | 7 | | terms shall have the following meanings unless a different | 8 | | meaning clearly appears from the context:
| 9 | | "Board" means the Board of Commissioners of the Beardstown | 10 | | Regional Flood Prevention District. | 11 | | "County board" means the Cass County Board. | 12 | | "District" means the Beardstown Regional Flood Prevention | 13 | | District created by this Act.
| 14 | | "Fund" means the Beardstown Regional Flood Prevention | 15 | | District Property Tax Fund created under subsection (h) of | 16 | | Section 20 of this Act. | 17 | | Section 5. Creation; purpose. | 18 | | (a) The Cass County Board may, by ordinance approved by the | 19 | | affirmative vote of the majority of the members of the county | 20 | | board, create the Beardstown Regional Flood Prevention | 21 | | District to perform emergency levee repair and flood | 22 | | prevention, prevent the loss of life or property, and comply |
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| 1 | | with the levee requirements imposed by the Federal Emergency | 2 | | Management Agency and the United States Army Corps of | 3 | | Engineers. The Beardstown Regional Flood Prevention District | 4 | | shall include all properties located within the Federal | 5 | | Emergency Management Agency's (FEMA's) floodplain map with a | 6 | | Provisionally Accredited Levees (PAL) expiration date of | 7 | | January 27, 2011, and all properties within or later annexed to | 8 | | or incorporated into the South Beardstown Levee and Drainage | 9 | | District, the Valley Levee and Drainage District, the Lost | 10 | | Creek Levee and Drainage District, the City of Beardstown, and | 11 | | the Beardstown Sanitary District regardless of the elevation of | 12 | | the properties. The Beardstown Regional Flood Prevention | 13 | | District shall work in concert with affected existing drainage | 14 | | districts, the City of Beardstown, the Beardstown Sanitary | 15 | | District, the Cass County Board, the people of Cass County, | 16 | | FEMA, and the Army Corps of Engineers. In addition to the | 17 | | powers and authority granted to the District in Section 15 of | 18 | | this Act, the District shall be responsible for performing and | 19 | | funding all regular and necessary repairs and maintenance to | 20 | | the levees including, but not limited to: (i) the repair, | 21 | | maintenance and replacement of pipes, relief wells, | 22 | | infrastructure, and other structures existing on or within the | 23 | | levees as of the effective date of this Act or which may be | 24 | | constructed or installed by the District after its | 25 | | establishment; (ii) the removal and abatement of unwanted | 26 | | vegetation and nuisance animals; (iii) the mowing of the |
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| 1 | | levees; and (iv) the establishment and maintenance of levee sod | 2 | | covering. The creation of the Beardstown Regional Flood | 3 | | Protection District shall neither constitute nor be deemed a | 4 | | conveyance of title or ownership to the district of any | 5 | | properties within the district. | 6 | | (b) The district created under this Act shall be dissolved | 7 | | upon the later of (i) 25 years after the date the district is | 8 | | created or (ii) the payment of all obligations of the county | 9 | | and district under Section 20 of this Act and any federal | 10 | | reimbursement moneys under Section 25 of this Act. The district | 11 | | may be dissolved earlier if all federal reimbursement moneys | 12 | | have been paid and all obligations of the county and district | 13 | | incurred under this Act have been paid, including any | 14 | | obligations related to bonds issued under Section 15 of this | 15 | | Act and any obligations incurred pursuant to an | 16 | | intergovernmental agreement.
Upon dissolution of the district, | 17 | | sole possession, control, and maintenance of the properties and | 18 | | improvements within the district shall revert back to the South | 19 | | Beardstown Levee and Drainage District, the Valley Levee and | 20 | | Drainage District, the Lost Creek Levee and Drainage District, | 21 | | the City of Beardstown, and the Beardstown Sanitary District, | 22 | | as existed prior to the creation of the district. | 23 | | Section 10. Commissioners. | 24 | | (a) The affairs of the district shall be managed by a board | 25 | | of 7 commissioners: one shall be appointed by the chairperson |
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| 1 | | of the county board; one shall be appointed by the Mayor of the | 2 | | City of Beardstown; one shall be appointed by the Beardstown | 3 | | Sanitary District; one shall be appointed by the South | 4 | | Beardstown Levee and Drainage District; one shall be appointed | 5 | | by the Valley Levee and Drainage District; one shall be | 6 | | appointed by the Lost Creek Levee and Drainage District; and | 7 | | one shall be appointed by a majority vote of the other 6 | 8 | | commissioners. All initial appointments under this Section | 9 | | must be made within 60 days after the district is organized. | 10 | | (b) Of the initial appointments, 3 commissioners shall | 11 | | serve a 2-year term and 4 commissioners shall serve a 4-year | 12 | | term, as determined by lot. Their successors shall be appointed | 13 | | for 4-year terms. No commissioner may serve for more than 20 | 14 | | years. Vacancies shall be filled in the same manner as original | 15 | | appointments. | 16 | | (c) Each commissioner must be a legal voter in Cass County, | 17 | | and all commissioners shall reside in and own property that is | 18 | | located within the district. Commissioners shall serve without | 19 | | compensation, but may be reimbursed for reasonable expenses | 20 | | incurred in the performance of their duties.
| 21 | | (d) A majority of the commissioners shall constitute a | 22 | | quorum of the board for the transaction of business. An | 23 | | affirmative vote of a majority of the commissioners shall be | 24 | | sufficient to approve any action or expenditure. | 25 | | (e) An alderman of the City of Beardstown, a member of the | 26 | | county board, and a commissioner of each of the aforementioned |
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| 1 | | drainage districts and sanitation district may be appointed to | 2 | | serve concurrently as commissioners of the district, and the | 3 | | appointment shall be deemed lawful and not to constitute a | 4 | | violation of the Public Officer Prohibited Activities Act, nor | 5 | | to create an impermissible conflict of interest or | 6 | | incompatibility of offices. | 7 | | Section 15. Powers of the district. A district formed under | 8 | | this Act has the following powers:
| 9 | | (1) To sue or be sued.
| 10 | | (2) To apply for and accept gifts, grants, and loans | 11 | | from any public agency or private entity.
| 12 | | (3) To enter into intergovernmental agreements with | 13 | | other governmental units including municipalities, | 14 | | sanitary districts, or drainage districts to further | 15 | | ensure levee repair, levee construction or reconstruction, | 16 | | and flood prevention, including agreements with the United | 17 | | States Army Corps of Engineers or any other agency or | 18 | | department of the federal government.
| 19 | | (4) To undertake evaluation, planning, design, | 20 | | construction, and related activities that are determined | 21 | | to be urgently needed to stabilize, repair, restore, | 22 | | improve, or replace existing levees.
| 23 | | (5) To address underseepage problems and old and | 24 | | deteriorating gates, pipes, and other infrastructure | 25 | | related to existing levees.
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| 1 | | (6) To conduct evaluations of levees and other flood | 2 | | control facilities including the performance of floodplain | 3 | | mapping studies.
| 4 | | (7) To provide capital moneys for levee studies | 5 | | including the construction of facilities for that purpose.
| 6 | | (8) To borrow money or receive money from the United | 7 | | States Government or any agency thereof, or from any other | 8 | | public or private source, for the purposes of the district.
| 9 | | (9) To enter into agreements with private property | 10 | | owners.
| 11 | | (10) To issue revenue bonds for the purposes of the | 12 | | district. Revenue bonds shall be payable from revenue | 13 | | received from a property tax imposed under Section 20 of | 14 | | this Act and from any other revenue sources available to | 15 | | the flood prevention district. These bonds may be issued | 16 | | with maturities not exceeding 25 years after the date of | 17 | | issue, and in any amounts as may be necessary to provide | 18 | | sufficient funds, together with interest, for the purposes | 19 | | of the district. These bonds shall bear interest at a rate | 20 | | of not more than the maximum rate authorized by the Bond | 21 | | Authorization Act, as amended at the time of the making of | 22 | | the contract of sale, payable semi-annually, may be made | 23 | | registerable as to principal, and may be made payable and | 24 | | callable as provided on any date at a price of par and | 25 | | accrued interest under any terms and conditions as may be | 26 | | fixed by an ordinance approved by the affirmative vote of |
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| 1 | | the county board. Bonds issued under this Section are | 2 | | negotiable instruments. In case any officer whose | 3 | | signature appears on the bonds or coupons ceases to hold | 4 | | that office before the bonds are delivered, the officer's | 5 | | signature shall nevertheless be valid and sufficient for | 6 | | all purposes the same as though the officer had remained in | 7 | | office until the bonds were delivered. The bonds shall be | 8 | | sold in any manner and upon any terms as the district shall | 9 | | determine, except that the selling price shall be such that | 10 | | the interest cost to the district of the proceeds of the | 11 | | bonds shall not exceed the maximum rate authorized by the | 12 | | Bond Authorization Act, as amended at the time of the | 13 | | making of the contract of sale, payable semi-annually, | 14 | | computed to maturity according to the standard table of | 15 | | bond values.
| 16 | | (11) To acquire property by gift, grant, or | 17 | | intergovernmental agreement.
| 18 | | (12) To retain professional staff to carry out the | 19 | | functions of the district including, but not limited to, | 20 | | administrative support personnel and legal counsel. The | 21 | | district may employ a Chief Supervisor of Construction and | 22 | | the Works with appropriate professional qualifications, | 23 | | including a degree in engineering, construction, | 24 | | hydrology, or a related field, or an equivalent combination | 25 | | of education and experience. If the district employs a | 26 | | Chief Supervisor of Construction and the Works, he or she |
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| 1 | | shall be vested with the authority to carry out the duties | 2 | | and mission of the district, pursuant to the direction and | 3 | | supervision of the board of commissioners.
| 4 | | (13) To reimburse any unit of local government for | 5 | | costs advanced by the local government for expenses that | 6 | | would have otherwise been paid out of the Beardstown | 7 | | Regional Flood Prevention District Property Tax Fund, had | 8 | | the fund been established at the time of the expenditure. | 9 | | Nothing in this Section shall be construed to permit a unit | 10 | | of local government to seek reimbursement from the district | 11 | | for any expense related to levee maintenance, repair, | 12 | | improvement, construction, staff, operating expenses, the | 13 | | construction of facilities for any such purpose, or any | 14 | | other non-emergency levee related expense that occurred | 15 | | prior to an emergency situation involving the levees within | 16 | | the county.
| 17 | | (14) To change the name of the district by an ordinance | 18 | | approved by the affirmative vote of a majority of the | 19 | | commissioners of the district.
| 20 | | (15) To adopt rules, procedures, and policies | 21 | | concerning the operation and purpose of the district. | 22 | | (16) To establish and maintain accounts with banks and | 23 | | other financial institutions to further the purposes and | 24 | | operations of the district. | 25 | | (17) To expend monies in furtherance of the district's | 26 | | purposes and operations. |
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| 1 | | Section 20. Property tax.
| 2 | | (a) The district organized under this Act shall, by | 3 | | ordinance or resolution, petition the county board to levy a | 4 | | property tax to accomplish its goals, purposes, and obligations | 5 | | as set forth in Section 5 of this Act or to provide for the | 6 | | payment of debt incurred in accordance with this Act.
| 7 | | (b) The manner of levying the tax authorized by subsection | 8 | | (a) shall be as provided in this Section.
| 9 | | (c) A property tax may be levied by the district at a rate | 10 | | not to exceed 0.7% to produce revenues required to accomplish | 11 | | its goals, purposes, and obligations as set forth in Section 5 | 12 | | of this Act. Before the first levy of taxes in the district, | 13 | | notice shall be given and a hearing shall be held under the | 14 | | provisions of subsections (d) and (e). For purposes of this | 15 | | subsection, the notice shall include:
| 16 | | (1) the time and place of the hearing;
| 17 | | (2) a notification that all interested persons, | 18 | | including all persons owning taxable real property located | 19 | | within the district, shall be given an opportunity to be | 20 | | heard at the hearing regarding the tax levy and an | 21 | | opportunity to file objections to the amount of the tax | 22 | | levy; and
| 23 | | (3) the maximum rate of taxes to be extended in any | 24 | | year and may include a maximum number of years the taxes | 25 | | will be levied.
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| 1 | | (d) After the first levy of taxes, taxes may be extended | 2 | | without additional hearings, provided the taxes shall not | 3 | | exceed the rate specified in the notice and the taxes shall not | 4 | | be extended for a period longer than that outlined in | 5 | | subsection (b) of Section 5. The district, by ordinance or | 6 | | resolution, may petition the county board to increase the rate | 7 | | of tax by no more than 0.1%. Any such increase must be approved | 8 | | by the county board and by the electors. | 9 | | The tax under this subsection may not be increased until, | 10 | | by ordinance or resolution of the county board, the question of | 11 | | imposing the tax has been submitted to the electors of the | 12 | | county at a regular election and approved by a majority of the | 13 | | electors voting on the question. | 14 | | The election authority must submit the question in | 15 | | substantially the following form: | 16 | | Shall Cass County be authorized to increase the | 17 | | property tax rate to be used exclusively for the operation | 18 | | of the Beardstown Regional Flood Prevention District by | 19 | | (insert up to 0.1%)? | 20 | | The election authority must record the votes as "Yes" or "No". | 21 | | If a majority of the electors voting on the question vote | 22 | | in the affirmative, then the county may, thereafter, increase | 23 | | the rate of tax. | 24 | | The rate of tax may be increased more than once under this | 25 | | subsection, but not at the same election. | 26 | | (d) Within a period of 61 to 120 calendar days following |
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| 1 | | the adoption of the ordinance establishing the district, the | 2 | | district shall fix a time and a place for a public hearing. | 3 | | Notice of the hearing shall be given by publication and | 4 | | mailing. Notice by publication shall be given by publication at | 5 | | least once not less than 15 days before the hearing in a | 6 | | newspaper of general circulation within the district. Notice by | 7 | | mailing shall be given by depositing the notice in the United | 8 | | States mail addressed to the person or persons in whose name | 9 | | the general taxes for the last preceding year were paid on each | 10 | | lot, block, tract, or parcel of land lying within the district. | 11 | | The notice shall be mailed not less than 10 days before the | 12 | | time set for the public hearing. In the event taxes for the | 13 | | last preceding year were not paid, the notice shall be sent to | 14 | | the person last listed on the tax rolls before that year as the | 15 | | owner of the property.
| 16 | | (e) At the public hearing, any interested person, including | 17 | | all persons owning taxable real property located within the | 18 | | district, may file with the district written objections to and | 19 | | may be heard orally in respect to any issues embodied in the | 20 | | notice. The district shall hear and determine all protests and | 21 | | objections at the hearing, and the hearing may be adjourned or | 22 | | recessed to another date without further notice other than a | 23 | | motion to be entered upon the minutes fixing the time and place | 24 | | of its adjournment.
| 25 | | (f) Bonds secured by the full faith and credit of the | 26 | | district may be issued as described in paragraph (10) of |
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| 1 | | Section 15. Bonds, when so issued, shall be retired by the levy | 2 | | of taxes as specified in subsection (c), against all of the | 3 | | taxable real property included in the district as provided in | 4 | | the ordinance or resolution authorizing the issuance of the | 5 | | bonds. The county clerk shall annually extend taxes against all | 6 | | of the taxable property situated in the county and contained in | 7 | | the district in amounts sufficient to pay maturing principal | 8 | | and interest of those bonds. | 9 | | Before the issuance of bonds, notice shall be given and a | 10 | | hearing shall be held under the provisions of subsections (d) | 11 | | and (e). For purposes of this subsection, the notice shall | 12 | | include:
| 13 | | (1) the time and place of the hearing;
| 14 | | (2) a notification that all interested persons, | 15 | | including all persons owning taxable real property located | 16 | | within the district, will be given an opportunity to be | 17 | | heard at the hearing regarding the district's decision to | 18 | | issue the bonds and an opportunity to file objections to | 19 | | the issuance of the bonds; and
| 20 | | (3) the maximum amount of bonds proposed to be issued, | 21 | | the maximum period of time over which the bonds shall be | 22 | | retired, and the maximum interest rate the bonds shall | 23 | | bear.
| 24 | | The questions of the property tax levy and the issuance of | 25 | | bonds may be considered together at one hearing. Any bonds | 26 | | issued shall not exceed the number of bonds, the interest rate, |
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| 1 | | and the period of extension set forth in the notice, unless an | 2 | | additional hearing is held. No bonds issued under this Section | 3 | | shall be regarded as indebtedness of the district for the | 4 | | purpose of any limitation imposed by any law.
| 5 | | (g) If a petition signed by at least 30% of the electors | 6 | | residing within the district and by at least 30% of the owners | 7 | | of record of the land included within the boundaries of the | 8 | | district is filed with the district within 60 days following | 9 | | the final adjournment of the public hearing objecting to the | 10 | | levy or imposition of the property tax or issuance of bonds, no | 11 | | such tax may be levied or imposed or no such bonds may be | 12 | | issued. The subject matter of the petition filed by the | 13 | | electors and owners shall not be proposed by the district | 14 | | within the next year. Each resident of the district registered | 15 | | to vote at the time of the public hearing held with regard to | 16 | | the district shall be considered an elector. Each person in | 17 | | whose name legal title to land included within the boundaries | 18 | | of the district is held according to the records of the county | 19 | | in which the land is located shall be considered an owner of | 20 | | record. Owners of record shall be determined at the time of the | 21 | | public hearing held with regard to the district. Land owned in | 22 | | the name of a land trust, corporation, estate, or partnership | 23 | | shall be considered to have a single owner of record.
| 24 | | (h) If a property tax is levied, the tax shall be extended | 25 | | by the county clerk in the district in the manner provided by | 26 | | the Property Tax Code based on assessed values as established |
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| 1 | | under that Act.
A special fund shall be created in the county | 2 | | treasury that shall be known as the Beardstown Regional Flood | 3 | | Prevention District Property Tax Fund. The county treasurer | 4 | | shall collect and deposit into the Fund the revenues generated | 5 | | by the property tax. The county treasurer shall, within 30 days | 6 | | of receiving tax revenues, disburse all revenues to the | 7 | | district. | 8 | | Section 25. Disbursement of federal funds. | 9 | | (a) Any reimbursements for the construction of flood | 10 | | protection facilities shall be appropriated to the district in | 11 | | accordance with the location of the specific facility for which | 12 | | the federal appropriation is made.
| 13 | | (b) If there are federal reimbursements to the district for | 14 | | construction of flood protection facilities that were built | 15 | | using revenues authorized by this Act, those funds shall be | 16 | | used for the early retirement of bonds issued in accordance | 17 | | with this Act. | 18 | | (c) When all bond obligations of the district have been | 19 | | paid, the remaining federal reimbursement moneys shall be | 20 | | remitted in equal shares to the drainage districts and sanitary | 21 | | district included within the boundaries of the district to be | 22 | | used for the continued long-term maintenance of federal levees | 23 | | and flood protection districts.
| 24 | | Section 30. Financial audit of the district. A financial |
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| 1 | | audit of the district shall be conducted annually by a | 2 | | certified public accountant (CPA) that is licensed at the time | 3 | | of the audit by the Illinois Department of Financial and | 4 | | Professional Regulation. The CPA shall meet all of the general | 5 | | standards concerning qualifications, independence, due | 6 | | professional care, and quality control as required by the | 7 | | Government Auditing Standards, 1994 Revision, Chapter 3, | 8 | | including the requirements for continuing professional | 9 | | education and external peer review. The financial audit is to | 10 | | be performed in accordance with generally accepted auditing | 11 | | standards issued by the American Institute of Certified Public | 12 | | Accountants (AICPA) for field work and reporting, generally | 13 | | accepted government auditing standards (GAGAS), and AICPA | 14 | | Statements on Auditing Standards (SAS) current at the time the | 15 | | audit is commenced. The audit shall be made publicly available | 16 | | and sent to the county board chairperson and to the Secretary | 17 | | of State. | 18 | | Section 35. Budget of the district. The board shall adopt | 19 | | an annual budget for the district in accordance with the fiscal | 20 | | year adopted by the county board. The budget shall include | 21 | | expected revenues by source and expenditures by project or by | 22 | | function for the following year. The budget must be approved by | 23 | | the county board prior to any expenditure by the district for | 24 | | the fiscal year. The county board must approve or disapprove | 25 | | the budget of the board within 30 calendar days after the |
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| 1 | | budget is received by the county board. If the county board | 2 | | does not act to approve or disapprove the budget within 30 | 3 | | calendar days of receipt, it shall stand as approved. In | 4 | | addition, the board shall submit an annual report to the county | 5 | | board by the last day of the fiscal year detailing the | 6 | | activities of the district. | 7 | | Section 40. Procurement. The board shall conduct all | 8 | | procurements in accordance with the requirements of the Local | 9 | | Government Professional Services Selection Act and any | 10 | | competitive bid requirements contained in Section 5-1022 of the | 11 | | Counties Code. | 12 | | Section 45. The Illinois Governmental Ethics Act is amended | 13 | | by changing Section 4A-101 as follows: | 14 | | (5 ILCS 420/4A-101) (from Ch. 127, par. 604A-101) | 15 | | Sec. 4A-101. Persons required to file. The following | 16 | | persons shall file
verified written statements of economic | 17 | | interests, as provided in this Article:
| 18 | | (a) Members of the General Assembly and candidates for | 19 | | nomination or
election to the General Assembly.
| 20 | | (b) Persons holding an elected office in the Executive | 21 | | Branch of this
State, and candidates for nomination or | 22 | | election to these offices.
| 23 | | (c) Members of a Commission or Board created by the |
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| 1 | | Illinois Constitution,
and candidates for nomination or | 2 | | election to such Commission or Board.
| 3 | | (d) Persons whose appointment to office is subject to | 4 | | confirmation by
the Senate and persons appointed by the | 5 | | Governor to any other position on a board or commission | 6 | | described in subsection (a) of Section 15 of the | 7 | | Gubernatorial Boards and Commissions Act.
| 8 | | (e) Holders of, and candidates for nomination or | 9 | | election to, the office
of judge or associate judge of the | 10 | | Circuit Court and the office of judge of
the Appellate or | 11 | | Supreme Court.
| 12 | | (f) Persons who are employed by any branch, agency, | 13 | | authority or board
of the government of this State, | 14 | | including but not limited to, the Illinois
State Toll | 15 | | Highway Authority, the Illinois Housing Development | 16 | | Authority,
the Illinois Community College Board, and | 17 | | institutions under the
jurisdiction of the Board of | 18 | | Trustees
of the University of Illinois, Board of Trustees | 19 | | of Southern Illinois
University, Board of Trustees of | 20 | | Chicago State University,
Board of Trustees of Eastern | 21 | | Illinois University, Board of Trustees of
Governor's State | 22 | | University, Board of Trustees of Illinois State | 23 | | University,
Board of Trustees of Northeastern Illinois | 24 | | University, Board of Trustees of
Northern Illinois | 25 | | University, Board of Trustees of Western Illinois
| 26 | | University, or Board of Trustees of the Illinois |
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| 1 | | Mathematics and Science
Academy, and are compensated for | 2 | | services as employees and not as
independent contractors | 3 | | and who:
| 4 | | (1) are, or function as, the head of a department, | 5 | | commission, board,
division, bureau, authority or | 6 | | other administrative unit within the
government of | 7 | | this State, or who exercise similar authority within | 8 | | the
government of this State;
| 9 | | (2) have direct supervisory authority over, or | 10 | | direct responsibility for
the formulation, | 11 | | negotiation, issuance or execution of contracts | 12 | | entered into
by the State in the amount of $5,000 or | 13 | | more;
| 14 | | (3) have authority for the issuance or | 15 | | promulgation of rules and
regulations within areas | 16 | | under the authority of the State;
| 17 | | (4) have authority for the approval of | 18 | | professional licenses;
| 19 | | (5) have responsibility with respect to the | 20 | | financial inspection
of regulated nongovernmental | 21 | | entities;
| 22 | | (6) adjudicate, arbitrate, or decide any judicial | 23 | | or administrative
proceeding, or review the | 24 | | adjudication, arbitration or decision of any judicial
| 25 | | or administrative proceeding within the authority of | 26 | | the State;
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| 1 | | (7) have supervisory responsibility for 20 or more | 2 | | employees of the
State;
| 3 | | (8) negotiate, assign, authorize, or grant naming | 4 | | rights or sponsorship rights regarding any property or | 5 | | asset of the State, whether real, personal, tangible, | 6 | | or intangible; or
| 7 | | (9) have responsibility with respect to the | 8 | | procurement of goods or services. | 9 | | (g) Persons who are elected to office in a unit of | 10 | | local government,
and candidates for nomination or | 11 | | election to that office, including regional
| 12 | | superintendents of school districts.
| 13 | | (h) Persons appointed to the governing board of a unit | 14 | | of local
government, or of a special district, and persons | 15 | | appointed to a zoning
board, or zoning board of appeals, or | 16 | | to a regional, county, or municipal
plan commission, or to | 17 | | a board of review of any county, and persons
appointed to | 18 | | the Board of the Metropolitan Pier and Exposition Authority
| 19 | | and any Trustee appointed under Section 22 of the | 20 | | Metropolitan Pier and
Exposition Authority Act, and | 21 | | persons appointed to a board or commission of
a unit of | 22 | | local government who have authority to authorize the | 23 | | expenditure of
public funds. This subsection does not apply | 24 | | to members of boards or
commissions who function in an | 25 | | advisory capacity.
| 26 | | (i) Persons who are employed by a unit of local |
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| 1 | | government and are
compensated for services as employees | 2 | | and not as independent contractors and
who:
| 3 | | (1) are, or function as, the head of a department, | 4 | | division, bureau,
authority or other administrative | 5 | | unit within the unit of local
government, or who | 6 | | exercise similar authority within the unit of local
| 7 | | government;
| 8 | | (2) have direct supervisory authority over, or | 9 | | direct responsibility for
the formulation, | 10 | | negotiation, issuance or execution of contracts | 11 | | entered into
by the unit of local government in the | 12 | | amount of $1,000 or greater;
| 13 | | (3) have authority to approve licenses
and permits | 14 | | by the unit of local government; this item does not | 15 | | include
employees who function in a ministerial | 16 | | capacity;
| 17 | | (4) adjudicate, arbitrate, or decide any judicial | 18 | | or administrative
proceeding, or review the | 19 | | adjudication, arbitration or decision of any judicial
| 20 | | or administrative proceeding within the authority of | 21 | | the unit of local
government;
| 22 | | (5) have authority to issue or promulgate rules and | 23 | | regulations within
areas under the authority of the | 24 | | unit of local government; or
| 25 | | (6) have supervisory responsibility for 20 or more | 26 | | employees of the
unit of local government.
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| 1 | | (j) Persons on the Board of Trustees of the Illinois | 2 | | Mathematics and
Science Academy.
| 3 | | (k) Persons employed by a school district in positions | 4 | | that
require that
person to hold an administrative or a | 5 | | chief school business official
endorsement.
| 6 | | (l) Special government agents. A "special government | 7 | | agent" is a
person who is directed, retained, designated, | 8 | | appointed, or
employed, with or without compensation, by or | 9 | | on behalf of a
statewide executive branch constitutional | 10 | | officer to make an ex
parte communication under Section | 11 | | 5-50 of the State Officials and
Employees Ethics Act or | 12 | | Section 5-165 of the Illinois
Administrative Procedure | 13 | | Act.
| 14 | | (m) Members of the board of commissioners of any flood | 15 | | prevention district created under the Flood Prevention | 16 | | District Act or the Beardstown Regional Flood Prevention | 17 | | District Act . | 18 | | (n) Members of the board of any retirement system or | 19 | | investment board established under the Illinois Pension | 20 | | Code, if not required to file under any other provision of | 21 | | this Section. | 22 | | (o) Members of the board of any pension fund | 23 | | established under the Illinois Pension Code, if not | 24 | | required to file under any other provision of this Section. | 25 | | This Section shall not be construed to prevent any unit of | 26 | | local government
from enacting financial disclosure |
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| 1 | | requirements that mandate
more information
than required by | 2 | | this Act.
| 3 | | (Source: P.A. 95-719, eff. 5-21-08; 96-6, eff. 4-3-09; 96-543, | 4 | | eff. 8-17-09; 96-555, eff. 8-18-09; 96-1000, eff. 7-2-10.)
| 5 | | Section 50. The Public Officer Prohibited Activities Act is | 6 | | amended by changing Section 2 as follows:
| 7 | | (50 ILCS 105/2) (from Ch. 102, par. 2)
| 8 | | Sec. 2.
No alderman of any city, or member of the board of | 9 | | trustees of
any village, during the term of office for which he | 10 | | or she is elected, may
accept, be appointed to, or hold any | 11 | | office by the appointment of the mayor
or president of the | 12 | | board of trustees, unless the alderman or board member
is | 13 | | granted a leave of absence from such office, or unless he or | 14 | | she first
resigns from the office of alderman or member of the | 15 | | board of trustees,
or unless the holding of another office is | 16 | | authorized by law. The
alderman or board member may, however, | 17 | | serve as a volunteer fireman and
receive compensation for that | 18 | | service. The alderman may also serve as a commissioner of the | 19 | | Beardstown Regional Flood Prevention District board. Any | 20 | | appointment in violation of this
Section is void.
Nothing in | 21 | | this Act shall be construed to prohibit an elected municipal
| 22 | | official from holding elected office in another unit of local | 23 | | government as
long as there is no contractual relationship | 24 | | between the municipality and the
other unit of local |
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| 1 | | government. This amendatory Act of 1995 is declarative of
| 2 | | existing law and is not a new enactment.
| 3 | | (Source: P.A. 89-89, eff. 6-30-95.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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